1. AS INDICATED REF ( B) ITEM 9 WAS SCHEDULED FOR CONSIDERATION
IMMEDIATELY AFTER ITEM 6. REF ( D) REPORTED COMPLETION ITEM 6, PM
MEETING MARCH 14. AFTER FINAL EXPLANATIONS OF VOTE AT AM MEETING
MARCH 15. REMAINDER OF MEETING DEVOTED TO PROCEDURAL DISCUSSION
RE ORDER OF FIVE SUB- ITEMS UNDER ITEM 9. NINE MEETINGS ALLOTTED
TO ITEM 9.
2. DURING PROCEDURAL DISCUSSION, USDEL SUPPORTED CHAIRMAN' S PRO-
POSAL THAT INITIAL DISCUSSION BE GENERAL COVERING ALL SUB- ITEMS
FOR FIRST TWO OR THREE MEETINGS
TO BE FOLLOWED BY DETAILED DISCUSSION EACH SUB- ITEM IN ORDER COM-
MISSION WOULD SET. USDEL EXPRESSED PREFERENCE FOR PRIORITY DIS-
CUSSION FOR ITEM )( C), USSR AND U. K. PREFERENCE PRIORITY FOR 9( E)
AND SEVERAL OTHER DELS PRIORITY FOR 9( A). IT CONSEQUENTLY SEEMS
CLEAR THAT WHEN GENERAL DISCUSSION FINISHED PROBABLY BY CLOSE OF
PM MEETING MARCH 16, COMMISSION WILL BEGIN DETAILED CONSIDERATION
OF EITHER ITEM )( A) OR 9( E). FROM OUR PRIVATE SOUNDINGS, MOST WEO
DELS WOULD NOT SUPPORT PRIORITY FOR ITEM 9( C) ON GROUNDS THAT
SUBJECT MATTER TOO POLITICAL.
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 02 GENEVA 01184 01 OF 02 161239 Z
3. IN GENERAL DISCUSSION ITEM 9, OR IN EVENT TIME ALLOWS COMMISSION
TAKE UP ITEM 9( C), IT UNLIKELY THAT ANY DELEGATION BUT USDEL WOULD
ADDRESS PROBLEM OF SOVIET JEWRY. THIS WOULD FOLLOW PATTERN OF
PREVIOUS HRC SESSIONS WHEN PROBLEM OF SOVIET JEWRY HAS BEEN SUBJECT
OF LIMITED EXCHANGE BETWEEN US AND USSR DELS. AS REPORTED REF C,
ISRAELI OBSERVER RAISED SOVIET JEWRY MATTER UNDER ITEM 4( A) CON-
CERNING THE ELIMINATION OF RACIAL DISCRIMINATION. IT ALSO UNLIKELY
THAT ANY OTHER SPECIFIC INSTANCES OF DENIAL OR BARRIERS TO ENJOY-
MENT RIGHT TO LEAVE LIKELY TO BE RAISED UNDER ITEM 9( C).
4. IN OUR PRIVATE CONVERSATIONS WITH OTHER DELS, USDEL HAS EX-
PRESSED DESIRE THAT ENOUGH TIME BE SET ASIDE FOR CONSIDERATION OF
AND ACTION UNDER ITEM 9( C). FOLLOWING OUT THIS POSITION, USDEL
ON MARCH 15 SUBMITTED FOR CIRCULATION A DRAFT RESOLUTION WHICH WE
WOULD PROPOSE FOR ADOPTION BY COMMISSION UNDER ITEM 9( C).
THIS DRAFT RESOLUTION, TEXT WHICH FOLLOWS IN SEPTEL, HAS BEEN
CIRCULATED AS COMMISSION DOCUMENT BUT NOT YET FORMALLY INTRODUCED
BY USDEL. UPON RECEIPT REF A, USDEL ATTEMPTED TO HOLD UP CIRCULATION
OF DRAFT RESOLUTION BUT DISCOVERED IT HAD ALREADY BEEN DISTRIBUTED.
5. AFTER OPENING DEBATE IN HRC AM MEETING MARCH 15, CHIEF OF USDEL
HELD BACKGROUND PRESS BRIEFING WITH SELECTED UN CORRESPONDENTS TO
EXPLAIN OUR OBJECTIVES UNDER ITEM 9( C). USDEL INDICATED TO PRESS
OUR INTENTION TO RAISE MATTER OF SOVIET JEWRY AND GAVE TO THOSE
PRESENT ADVANCE COPIES OF OUR PROPOSED STATEMENT. ALL OF THESE
COPIES HAVE BEEN RETRIEVED BY USDEL.
6. IN LIGHT OF STRONG INTEREST ALREADY EXPRESSED PUBLICLY AND
PRIVATELY BY USDEL IN ITEM 9( C) AND IN VIEW OF DRAFT RESOLUTION
ON TABLE, USDEL CONSIDERS IT TO BE OBVIOUSLY IN OUR INTEREST THAT
WE MAKE STATEMENT ON SUBJECT, OMITTING, OF COURSE, PER REFTEL A
ANY REFERENCE TO SPECIFIC CASES. WE HAVE EXPLAINED TO OTHERS
THAT OUR INTEREST IN SUBJECT OF RIGHT TO LEAVE A COUNTRY IS NOT
DIRECTED TO ANY PARTICULAR SITUATION BUT DERIVES FROM IMPORTANCE
THAT WE ATTACH TO THIS BASIC RIGHT AS EXPRESSED IN ARTICLE 13 OF
UNIVERSAL DECLARATION OF HUMAN RIGHTS. DURING COURSE OF PRESENT
SESSION, USDEL HAS STRESSED IMPORTANCE OF HRC TURNING ATTENTION
TO MATTERS OTHER THAN RACIAL QUESTIONS AND WE HAVE POINTED TO
BASIC HUMAN RIGHT OF RIGHT TO LEAVE AS OFFERING TIMELY FOCUS OF
ATTENTION. CONSEQUENTLY, IN VIEW OF EXPOSED POSITION IN WHICH
USDEL IS PRESENTLY SITUATED, REQUEST AUTHORITY TO MAKE GENERAL
STATEMENT ITEM 9( C). WE DESIRE USE TEXT OF PROPOSED STATEMENT WHICH
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 03 GENEVA 01184 01 OF 02 161239 Z
WE HAD PREPARED PRIOR TO RECEIPT OF REFTEL A WITH DELETION OF
SECTION REFERRING TO SOVIET JEWRY. SOVIET JEWRY PORTION WAS VER-
BATIM INSERTION OF APPROVED TEXT AS CONTAINED IN CLEARED POSITION
PAPER.
7. PROCEDURALLY, USDEL REQUIRES AUTHORITY TO DELIVER STATEMENT BY
3 PM MARCH 16, DURING LAST MEETING ALLOTTED FOR GENERAL DISCUSSION.
POSSIBILITY OF MAKING STATEMENT LATER WILL DEPEND UPON OUR ABILITY
TO SECURE ALLOTMENT OF SOME TIME FOR ITEM 9( C).
8. PROPOSED TEXT FOLLOWS:
LIMITED OFFICIAL USE
ADP000
LIMITED OFFICIAL USE
PAGE 01 GENEVA 01184 02 OF 02 161304 Z
44
ACTION IO-13
INFO OCT-01 ADP-00 IOE-00 AF-10 ARA-11 EA-11 EUR-25 NEA-10
RSC-01 L-03 SS-14 NSC-10 CIAE-00 INR-09 NSAE-00 SR-02
ORM-03 SSO-00 CCO-00 INRE-00 NSCE-00 RSR-01 /124 W
--------------------- 072096
O 161200 Z MAR 73
FM USMISSION GENEVA
TO SECSTATE WASHDC IMMEDIATE 8326
LIMITED OFFICIAL USE SECTION 2 OF 2 GENEVA 1184
BEGIN TEXT. MY DELEGATION HAS REVIEWED ONCE AGAIN THE STUDY OF
DISCRIMINATION IN RESPECT OF THE RIGHT OF EVERYONE TO LEAVE ANY
COUNTRY, INCLUDING HIS OWN AND TO RETURN TO HIS COUNTRY. WE HAVE
BEEN PARTICULARLY IMPRESSED THAT THIS STUDY, PREPARED ALMOST A
DECADE AGO, HAS RETAINED A TIMELINESS AND PERTINENCE DESPITE
THE VAST CHANGES WHICH HAVE OCCURRED THROUGHOUT THE WORLD DURING
THIS PERIOD. THIS CONCISE AND LUCID STUDY CAN BE VIEWED AS FRESH
AS THIS MORNING' S NEWSPAPER.
IT IS THE SPECIAL GOOD FORTUNE OF THIS COMMISSION THAT THE
DISTINGUISHED AUTHOR OF THIS STUDY, JUDGE JOSE INGLES, IS OCCUPY-
ING THE SEAT OF THE PHILIPPINE DELEGATION WHICH HAS MADE SUCH A
MARKED CONTRIBUTION TO THE WORK OF THIS COMMISSION OVER THE YEARS.
JUDGE INGLES, WHO HAS DEVOTED HIS CAREER TO FURTHERING THE PRO-
TECTION AND ENJOYMENT OF HUMAN RIGHTS, HAS MADE A MOST DISTINCT
CONTRIBUTION TO OUR UNDERSTANDING OF THE FUNDAMENTAL RIGHTS SET
FORTH IN ARTICLE 13(2) OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
WHICH PERTAINS TO THE RIGHT TO LEAVE AND RETURN.
WE HAVE NOTED ESPECIALLY THE REFEREENCES THROUGHOUT THE STUDY TO
THE UNDERLYING IMPORTANCE OF THE RIGHT TO LEAVE AND RETURN IN
RELATION TO OTHER HUMAN RIGHTS AND FREEDOMS. DESPITE PROGRESS IN
FURTHERING PROTECTION OF THE WIDE RANGE OF RIGHTS SET FORTH IN THE
DECLARATION, THERE STILL UNFORTUNATELY EXISTS A WIDE GAP BETWEEN
SOCIETIES WHICH AFFORD MAXIMUM OPPORTUNITY FOR FREEDOM OF PERSON
AND EXPRESSION AND THOSE CLOSED SOCIETIES WHERE INDIVIDUAL DIGNITY
IS SEVERELY CIRCUMSCRIBED BY THE DICTATES OF A SMALL MINORITY. IN
THESE LATTER SOCIETIES, DISCRIMINATION IS PRACTICED AS OFFICIAL
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 02 GENEVA 01184 02 OF 02 161304 Z
POLICY DENYING TO ALL SEGMENTS OF THE POPULATION BASIC POLITICAL
AND CIVIL RIGHTS AND OFTEN IMPOSING MUCH HARSHER TREATMENT ON
CERTAIN GROUPS BECAUSE OF THEIR RACIAL OR ETHNIC ORIGIN.
IN ORDER TO PROTECT INDIVIDUALS WHO MAY BE DISSATISFIED WITH
THEIR PRESENT CONDITION, THE AUTHORS OF THE DECLARATION WISELY
INCLUDED ARTICLE 13(2) WHICH WOULD PERMIT SUCH INDIVIDUALS TO SEEK
A BETTER LIFE ELSEWHERE.
THE STUDY MOST ELOQUENTLY REFERS TO ARTICLE 13(2) AS THE " RIGHT
OF PERSONAL SELF- DETERMINATION" WHICH MUST CERTAINLY COMPLEMENT THE
COLLECTIVE RIGHT OF SELF- DETERMINATION OF PEOPLES UNDER COLONIAL
RULE OR ALIEN DOMINATION.
THE INTER- RELATION OF THE RIGHT TO LEAVE AND RETURN WITH OTHER
RIGHTS IN THE DECLARATION HAS BEEN MADE MOST FORCEFULLY IN THE
STUDY. AS THE STUDY NOTES, DENIAL OF THIS RIGHT CAN RESULT IN
TONTINUED DEPRIVATION OF OTHER CIVIL AND POLITICAL RIGHTS WHERE
AN INDIVIDUAL IS FORCED TO REMAIN UNDER AN ARBITRARY REGIME. IN
EXTREME CASES, AS THE STUDY STRESSES, " DENIAL OF THE ULTIMATE RIGHT
TO MOVE ELSEWHERE TO A MAN SEEKING TO LEAVE A COUNTRY BECAUSE HE
IS BEING PERSECUTED, MAY BE TANTAMOUNT TO THE TOTAL DEPRIVATION
OF LIBERTY, IF NOT LIFE ITSELF".
THE STUDY POINTS UP THE FACT THAT RESTRICTIONS ON THE RIGHT OF
MOVEMENT ARE OF RELATIVELY RECENT ORIGIN, IN MANY CASES DATING
ONLY SINCE THE SECOND WORLD WAR. PRIOR TO THAT TIME, PEOPLES
GENERALLY MOVED FREELY SUBJECT ONLY TO LIMITATIONS ON ENTRY WHICH
BE POSED BY CERTAIN COUNTRIES.
MY COUNTRY HAS BEEN ESPECIALLY BLESSED BY THE FREEDOM OF MOVE-
MENT OF THE NINETEENTH AND EARLY TWENTIETH CENTURIES WHICH ENRICHED
OUR SOCIETY WITH PEOPLES AND CULTURES FROM THE FOUR CORNERS OF THE
WORLD. WE ARE PROUD OF THE RICH AND DIVERSE HERITAGE OF OUR FORE-
FATHERS WHICH HAS MADE THE US A UNIQUE MIXTURE OF RACES AND PEOPLE.
WE HAVE WELCOMED TO OUR SHORES MILLIONS OF REFUGEES FROM POLITICAL,
RELIGIOUS AND ETHNIC PERSECUTION AS WELL AS THOSE WHO HAVE SOUGHT
TO IMPROVE THEIR ECONOMIC CONDITION IN A FREE SOCIETY WHICH PRO-
VIDES MAXIMUM OPPORTUNITY FOR INDIVIDUAL ACHIEVEMENT.
WHILE WE ARE A COUNTRY OF IMMIGRANTS, WE HAVE AT THE SAME TIME
UPHELD THE RIGHT OF PERSONS TO LEAVE THE US. AMERICAN CITIZENS OR
ALIENS ARE FREELY PERMITTED TO TRAVEL OR TO MOVE TO OTHER COUN-
TRIES SUBJECT ONLY TO RARE RESTRICTIONS. PASSPORTS ARE ISSUED
ROUTINELY WITHOUT UNDUE FORMALITY. AMERICAN CITIZENS MAY TRAVEL
TO MOST COUNTRIES IN THE WESTERN HEMISPHERE WITHOUT A PASSPORT.
DESPITE SUPPOSED INJUSTICES TO MINORITY GROUPS IN THE US, FEW
PERSONS CHOOSE TO LEAVE ALTHOUGH THEY ARE PERFECTLY FREE TO DO SO.
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 03 GENEVA 01184 02 OF 02 161304 Z
WE ARE GRATIFIED THAT MOST OTHER COUNTRIES FOLLOW THE SAME LIB-
ERAL POLICIES WHICH WE HAVE ADOPTED. IN WESTERN EUROPE, FOR EXAMPLE
TRAVEL RESTRICTIONS HAVE BEEN VIRTUALLY ELIMINATED.
FREEDOM OF MOVEMENT ALSO EXISTS IN MOST COUNTRIES OF THE DEVEL-
OPING WORLD ALTHOUGH ECONOMIC CONSTRAINTS, POSED BY LIMITED FOREIGN
EXCHANGE RESERVES, HAVE PLACED CEETAIN LIMITATION ON FREEDOM OF
TRAVEL. EMIGRATION FROM MOST OF THESE COUNTRIES IS GENERALLY PER-
MITTED SUBJECT, HOWEVER, TO THE IMMIGRATION REGULATIONS OF OTHER
COUNTRIES.
IT IS PARADOXICAL THAT AS THE POSSIBILITIES FOR MOVEMENT HAVE
GREATLY INCREASED AS A RESULT OF MODERN MODES OF TRANSPORTATION,
ARTIFICIAL BARRIERS TO MOVEMENT CONTINUE TO EXIST IN SOME PARTS OF
THE WORLD AND IN SOME CASES HAVE BEEN REINFORCED. SOME GOVERNMENTS
STILL DENY THE RIGHT OF THEIR PEOPLES TO EMIGRATE OR TRAVEL FREELY.
NOT ONLY IS THIS RIGHT NOT GRANTED AUTOMATICALLY, BUT
ATTEMPTS TO LEAVE ARE MET WITH DILATORY AND BURDENSOME PROCEDURES
WHICH NEGATE ANY SUCH RIGHT. IN MANY INSTANCES, INDIVIDUALS RECEIVE
CRIMINAL PENALTIES IF THEY SEEK TO LEAVE. FAMILIES AND CLOSE
RELATIVES ARE HEARTLESSLY KEPT FROM REUNITING ACROSS FRONTIERS.
MANY EXAMPLES OF DENIAL OF THE RIGHT TO LEAVE A COUNTRY HAVE
BEEN CITED IN THE REPORT UNDER CONSIDERATION. DISTINGUISHED REP-
RESENTATIVES TO THIS COMMISSION ARE AWARE OF OTHER INSTANCES
WHETHER THEY RELATE TO ACTIONS BY THEIR OWN OR BY OTHER GOVERNMENTS.
FUNDAMENTAL TO THE ACHIVEMENT OF GREATER UNDERSTANDING IS THE
ELIMINATION OF ARTIFICIAL BARRIERS TO MOVEMENT WHICH CONSTITUTE
A SOURCE OF TENSION AND DISTRUST. THE REMOVAL OF SUCH BARRIERS
CAN CONTRIBUTE IMMEASURABLY TO BUILDING CONFIDENCE AMONG NATIONS
AND STRENGTHENING THE CONDITIONS FOR LASTING PEACE.
WE TRUST THAT THIS COMMISSION WILL GIVE THE THOROUGH TREATMENT
TO THE REPORT OF JUDGE INGLES WHICH IT SO RICHLY DESERVES AND THAT
WE WILL BE IN A POSITION TO MAKE SPECIFIC RECOMMENDATIONS FOR
FURTHER WORK ON THIS SUBJECT. WE BELIEVE THAT, AT A MINIMUM, THE
REPORT SHOULD BE UP- DATED AND THE DRAFT PRINCIPLES REVIEWED AND
POSSIBLY REVISED. WE RESERVE OUR RIGHT TO COMMENT FURTHER ON
ADDITIONAL STEPS WHICH THE COMMISSION MIGHT TAKE TO ADVANCE OUR
WORK ON THIS SUBJECT. END TEXT. RIMESTAD
LIMITED OFFICIAL USE
<< END OF DOCUMENT >>

Raw content

PAGE 01 GENEVA 01184 01 OF 02 161239 Z
12
ACTION IO-13
INFO OCT-01 ADP-00 SS-14 NSC-10 L-03 SR-02 ORM-03 AF-10
ARA-11 EA-11 EUR-25 NEA-10 RSC-01 CIAE-00 INR-09
NSAE-00 INRE-00 SSO-00 CCO-00 NSCE-00 RSR-01 /124 W
--------------------- 071904
O 161200 Z MAR 73
FM USMISSION GENEVA
TO SECSTATE WASHDC IMMEDIATE 8325
LIMITED OFFICIAL USE SECTION 1 OF 2 GENEVA 1184
E. O. 11652: GDS
TAGS: SOCI, ECOSOC
SUBJECT: HUMAN RIGHTS COMMISSION- SOVIET JEWRY ITEM 9 ( C)
REF: A. STATE 48059; B. GENEVA 902; C. GENEVA 935 AND D. GENEVA 1165
1. AS INDICATED REF ( B) ITEM 9 WAS SCHEDULED FOR CONSIDERATION
IMMEDIATELY AFTER ITEM 6. REF ( D) REPORTED COMPLETION ITEM 6, PM
MEETING MARCH 14. AFTER FINAL EXPLANATIONS OF VOTE AT AM MEETING
MARCH 15. REMAINDER OF MEETING DEVOTED TO PROCEDURAL DISCUSSION
RE ORDER OF FIVE SUB- ITEMS UNDER ITEM 9. NINE MEETINGS ALLOTTED
TO ITEM 9.
2. DURING PROCEDURAL DISCUSSION, USDEL SUPPORTED CHAIRMAN' S PRO-
POSAL THAT INITIAL DISCUSSION BE GENERAL COVERING ALL SUB- ITEMS
FOR FIRST TWO OR THREE MEETINGS
TO BE FOLLOWED BY DETAILED DISCUSSION EACH SUB- ITEM IN ORDER COM-
MISSION WOULD SET. USDEL EXPRESSED PREFERENCE FOR PRIORITY DIS-
CUSSION FOR ITEM )( C), USSR AND U. K. PREFERENCE PRIORITY FOR 9( E)
AND SEVERAL OTHER DELS PRIORITY FOR 9( A). IT CONSEQUENTLY SEEMS
CLEAR THAT WHEN GENERAL DISCUSSION FINISHED PROBABLY BY CLOSE OF
PM MEETING MARCH 16, COMMISSION WILL BEGIN DETAILED CONSIDERATION
OF EITHER ITEM )( A) OR 9( E). FROM OUR PRIVATE SOUNDINGS, MOST WEO
DELS WOULD NOT SUPPORT PRIORITY FOR ITEM 9( C) ON GROUNDS THAT
SUBJECT MATTER TOO POLITICAL.
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 02 GENEVA 01184 01 OF 02 161239 Z
3. IN GENERAL DISCUSSION ITEM 9, OR IN EVENT TIME ALLOWS COMMISSION
TAKE UP ITEM 9( C), IT UNLIKELY THAT ANY DELEGATION BUT USDEL WOULD
ADDRESS PROBLEM OF SOVIET JEWRY. THIS WOULD FOLLOW PATTERN OF
PREVIOUS HRC SESSIONS WHEN PROBLEM OF SOVIET JEWRY HAS BEEN SUBJECT
OF LIMITED EXCHANGE BETWEEN US AND USSR DELS. AS REPORTED REF C,
ISRAELI OBSERVER RAISED SOVIET JEWRY MATTER UNDER ITEM 4( A) CON-
CERNING THE ELIMINATION OF RACIAL DISCRIMINATION. IT ALSO UNLIKELY
THAT ANY OTHER SPECIFIC INSTANCES OF DENIAL OR BARRIERS TO ENJOY-
MENT RIGHT TO LEAVE LIKELY TO BE RAISED UNDER ITEM 9( C).
4. IN OUR PRIVATE CONVERSATIONS WITH OTHER DELS, USDEL HAS EX-
PRESSED DESIRE THAT ENOUGH TIME BE SET ASIDE FOR CONSIDERATION OF
AND ACTION UNDER ITEM 9( C). FOLLOWING OUT THIS POSITION, USDEL
ON MARCH 15 SUBMITTED FOR CIRCULATION A DRAFT RESOLUTION WHICH WE
WOULD PROPOSE FOR ADOPTION BY COMMISSION UNDER ITEM 9( C).
THIS DRAFT RESOLUTION, TEXT WHICH FOLLOWS IN SEPTEL, HAS BEEN
CIRCULATED AS COMMISSION DOCUMENT BUT NOT YET FORMALLY INTRODUCED
BY USDEL. UPON RECEIPT REF A, USDEL ATTEMPTED TO HOLD UP CIRCULATION
OF DRAFT RESOLUTION BUT DISCOVERED IT HAD ALREADY BEEN DISTRIBUTED.
5. AFTER OPENING DEBATE IN HRC AM MEETING MARCH 15, CHIEF OF USDEL
HELD BACKGROUND PRESS BRIEFING WITH SELECTED UN CORRESPONDENTS TO
EXPLAIN OUR OBJECTIVES UNDER ITEM 9( C). USDEL INDICATED TO PRESS
OUR INTENTION TO RAISE MATTER OF SOVIET JEWRY AND GAVE TO THOSE
PRESENT ADVANCE COPIES OF OUR PROPOSED STATEMENT. ALL OF THESE
COPIES HAVE BEEN RETRIEVED BY USDEL.
6. IN LIGHT OF STRONG INTEREST ALREADY EXPRESSED PUBLICLY AND
PRIVATELY BY USDEL IN ITEM 9( C) AND IN VIEW OF DRAFT RESOLUTION
ON TABLE, USDEL CONSIDERS IT TO BE OBVIOUSLY IN OUR INTEREST THAT
WE MAKE STATEMENT ON SUBJECT, OMITTING, OF COURSE, PER REFTEL A
ANY REFERENCE TO SPECIFIC CASES. WE HAVE EXPLAINED TO OTHERS
THAT OUR INTEREST IN SUBJECT OF RIGHT TO LEAVE A COUNTRY IS NOT
DIRECTED TO ANY PARTICULAR SITUATION BUT DERIVES FROM IMPORTANCE
THAT WE ATTACH TO THIS BASIC RIGHT AS EXPRESSED IN ARTICLE 13 OF
UNIVERSAL DECLARATION OF HUMAN RIGHTS. DURING COURSE OF PRESENT
SESSION, USDEL HAS STRESSED IMPORTANCE OF HRC TURNING ATTENTION
TO MATTERS OTHER THAN RACIAL QUESTIONS AND WE HAVE POINTED TO
BASIC HUMAN RIGHT OF RIGHT TO LEAVE AS OFFERING TIMELY FOCUS OF
ATTENTION. CONSEQUENTLY, IN VIEW OF EXPOSED POSITION IN WHICH
USDEL IS PRESENTLY SITUATED, REQUEST AUTHORITY TO MAKE GENERAL
STATEMENT ITEM 9( C). WE DESIRE USE TEXT OF PROPOSED STATEMENT WHICH
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 03 GENEVA 01184 01 OF 02 161239 Z
WE HAD PREPARED PRIOR TO RECEIPT OF REFTEL A WITH DELETION OF
SECTION REFERRING TO SOVIET JEWRY. SOVIET JEWRY PORTION WAS VER-
BATIM INSERTION OF APPROVED TEXT AS CONTAINED IN CLEARED POSITION
PAPER.
7. PROCEDURALLY, USDEL REQUIRES AUTHORITY TO DELIVER STATEMENT BY
3 PM MARCH 16, DURING LAST MEETING ALLOTTED FOR GENERAL DISCUSSION.
POSSIBILITY OF MAKING STATEMENT LATER WILL DEPEND UPON OUR ABILITY
TO SECURE ALLOTMENT OF SOME TIME FOR ITEM 9( C).
8. PROPOSED TEXT FOLLOWS:
LIMITED OFFICIAL USE
ADP000
LIMITED OFFICIAL USE
PAGE 01 GENEVA 01184 02 OF 02 161304 Z
44
ACTION IO-13
INFO OCT-01 ADP-00 IOE-00 AF-10 ARA-11 EA-11 EUR-25 NEA-10
RSC-01 L-03 SS-14 NSC-10 CIAE-00 INR-09 NSAE-00 SR-02
ORM-03 SSO-00 CCO-00 INRE-00 NSCE-00 RSR-01 /124 W
--------------------- 072096
O 161200 Z MAR 73
FM USMISSION GENEVA
TO SECSTATE WASHDC IMMEDIATE 8326
LIMITED OFFICIAL USE SECTION 2 OF 2 GENEVA 1184
BEGIN TEXT. MY DELEGATION HAS REVIEWED ONCE AGAIN THE STUDY OF
DISCRIMINATION IN RESPECT OF THE RIGHT OF EVERYONE TO LEAVE ANY
COUNTRY, INCLUDING HIS OWN AND TO RETURN TO HIS COUNTRY. WE HAVE
BEEN PARTICULARLY IMPRESSED THAT THIS STUDY, PREPARED ALMOST A
DECADE AGO, HAS RETAINED A TIMELINESS AND PERTINENCE DESPITE
THE VAST CHANGES WHICH HAVE OCCURRED THROUGHOUT THE WORLD DURING
THIS PERIOD. THIS CONCISE AND LUCID STUDY CAN BE VIEWED AS FRESH
AS THIS MORNING' S NEWSPAPER.
IT IS THE SPECIAL GOOD FORTUNE OF THIS COMMISSION THAT THE
DISTINGUISHED AUTHOR OF THIS STUDY, JUDGE JOSE INGLES, IS OCCUPY-
ING THE SEAT OF THE PHILIPPINE DELEGATION WHICH HAS MADE SUCH A
MARKED CONTRIBUTION TO THE WORK OF THIS COMMISSION OVER THE YEARS.
JUDGE INGLES, WHO HAS DEVOTED HIS CAREER TO FURTHERING THE PRO-
TECTION AND ENJOYMENT OF HUMAN RIGHTS, HAS MADE A MOST DISTINCT
CONTRIBUTION TO OUR UNDERSTANDING OF THE FUNDAMENTAL RIGHTS SET
FORTH IN ARTICLE 13(2) OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
WHICH PERTAINS TO THE RIGHT TO LEAVE AND RETURN.
WE HAVE NOTED ESPECIALLY THE REFEREENCES THROUGHOUT THE STUDY TO
THE UNDERLYING IMPORTANCE OF THE RIGHT TO LEAVE AND RETURN IN
RELATION TO OTHER HUMAN RIGHTS AND FREEDOMS. DESPITE PROGRESS IN
FURTHERING PROTECTION OF THE WIDE RANGE OF RIGHTS SET FORTH IN THE
DECLARATION, THERE STILL UNFORTUNATELY EXISTS A WIDE GAP BETWEEN
SOCIETIES WHICH AFFORD MAXIMUM OPPORTUNITY FOR FREEDOM OF PERSON
AND EXPRESSION AND THOSE CLOSED SOCIETIES WHERE INDIVIDUAL DIGNITY
IS SEVERELY CIRCUMSCRIBED BY THE DICTATES OF A SMALL MINORITY. IN
THESE LATTER SOCIETIES, DISCRIMINATION IS PRACTICED AS OFFICIAL
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 02 GENEVA 01184 02 OF 02 161304 Z
POLICY DENYING TO ALL SEGMENTS OF THE POPULATION BASIC POLITICAL
AND CIVIL RIGHTS AND OFTEN IMPOSING MUCH HARSHER TREATMENT ON
CERTAIN GROUPS BECAUSE OF THEIR RACIAL OR ETHNIC ORIGIN.
IN ORDER TO PROTECT INDIVIDUALS WHO MAY BE DISSATISFIED WITH
THEIR PRESENT CONDITION, THE AUTHORS OF THE DECLARATION WISELY
INCLUDED ARTICLE 13(2) WHICH WOULD PERMIT SUCH INDIVIDUALS TO SEEK
A BETTER LIFE ELSEWHERE.
THE STUDY MOST ELOQUENTLY REFERS TO ARTICLE 13(2) AS THE " RIGHT
OF PERSONAL SELF- DETERMINATION" WHICH MUST CERTAINLY COMPLEMENT THE
COLLECTIVE RIGHT OF SELF- DETERMINATION OF PEOPLES UNDER COLONIAL
RULE OR ALIEN DOMINATION.
THE INTER- RELATION OF THE RIGHT TO LEAVE AND RETURN WITH OTHER
RIGHTS IN THE DECLARATION HAS BEEN MADE MOST FORCEFULLY IN THE
STUDY. AS THE STUDY NOTES, DENIAL OF THIS RIGHT CAN RESULT IN
TONTINUED DEPRIVATION OF OTHER CIVIL AND POLITICAL RIGHTS WHERE
AN INDIVIDUAL IS FORCED TO REMAIN UNDER AN ARBITRARY REGIME. IN
EXTREME CASES, AS THE STUDY STRESSES, " DENIAL OF THE ULTIMATE RIGHT
TO MOVE ELSEWHERE TO A MAN SEEKING TO LEAVE A COUNTRY BECAUSE HE
IS BEING PERSECUTED, MAY BE TANTAMOUNT TO THE TOTAL DEPRIVATION
OF LIBERTY, IF NOT LIFE ITSELF".
THE STUDY POINTS UP THE FACT THAT RESTRICTIONS ON THE RIGHT OF
MOVEMENT ARE OF RELATIVELY RECENT ORIGIN, IN MANY CASES DATING
ONLY SINCE THE SECOND WORLD WAR. PRIOR TO THAT TIME, PEOPLES
GENERALLY MOVED FREELY SUBJECT ONLY TO LIMITATIONS ON ENTRY WHICH
BE POSED BY CERTAIN COUNTRIES.
MY COUNTRY HAS BEEN ESPECIALLY BLESSED BY THE FREEDOM OF MOVE-
MENT OF THE NINETEENTH AND EARLY TWENTIETH CENTURIES WHICH ENRICHED
OUR SOCIETY WITH PEOPLES AND CULTURES FROM THE FOUR CORNERS OF THE
WORLD. WE ARE PROUD OF THE RICH AND DIVERSE HERITAGE OF OUR FORE-
FATHERS WHICH HAS MADE THE US A UNIQUE MIXTURE OF RACES AND PEOPLE.
WE HAVE WELCOMED TO OUR SHORES MILLIONS OF REFUGEES FROM POLITICAL,
RELIGIOUS AND ETHNIC PERSECUTION AS WELL AS THOSE WHO HAVE SOUGHT
TO IMPROVE THEIR ECONOMIC CONDITION IN A FREE SOCIETY WHICH PRO-
VIDES MAXIMUM OPPORTUNITY FOR INDIVIDUAL ACHIEVEMENT.
WHILE WE ARE A COUNTRY OF IMMIGRANTS, WE HAVE AT THE SAME TIME
UPHELD THE RIGHT OF PERSONS TO LEAVE THE US. AMERICAN CITIZENS OR
ALIENS ARE FREELY PERMITTED TO TRAVEL OR TO MOVE TO OTHER COUN-
TRIES SUBJECT ONLY TO RARE RESTRICTIONS. PASSPORTS ARE ISSUED
ROUTINELY WITHOUT UNDUE FORMALITY. AMERICAN CITIZENS MAY TRAVEL
TO MOST COUNTRIES IN THE WESTERN HEMISPHERE WITHOUT A PASSPORT.
DESPITE SUPPOSED INJUSTICES TO MINORITY GROUPS IN THE US, FEW
PERSONS CHOOSE TO LEAVE ALTHOUGH THEY ARE PERFECTLY FREE TO DO SO.
LIMITED OFFICIAL USE
LIMITED OFFICIAL USE
PAGE 03 GENEVA 01184 02 OF 02 161304 Z
WE ARE GRATIFIED THAT MOST OTHER COUNTRIES FOLLOW THE SAME LIB-
ERAL POLICIES WHICH WE HAVE ADOPTED. IN WESTERN EUROPE, FOR EXAMPLE
TRAVEL RESTRICTIONS HAVE BEEN VIRTUALLY ELIMINATED.
FREEDOM OF MOVEMENT ALSO EXISTS IN MOST COUNTRIES OF THE DEVEL-
OPING WORLD ALTHOUGH ECONOMIC CONSTRAINTS, POSED BY LIMITED FOREIGN
EXCHANGE RESERVES, HAVE PLACED CEETAIN LIMITATION ON FREEDOM OF
TRAVEL. EMIGRATION FROM MOST OF THESE COUNTRIES IS GENERALLY PER-
MITTED SUBJECT, HOWEVER, TO THE IMMIGRATION REGULATIONS OF OTHER
COUNTRIES.
IT IS PARADOXICAL THAT AS THE POSSIBILITIES FOR MOVEMENT HAVE
GREATLY INCREASED AS A RESULT OF MODERN MODES OF TRANSPORTATION,
ARTIFICIAL BARRIERS TO MOVEMENT CONTINUE TO EXIST IN SOME PARTS OF
THE WORLD AND IN SOME CASES HAVE BEEN REINFORCED. SOME GOVERNMENTS
STILL DENY THE RIGHT OF THEIR PEOPLES TO EMIGRATE OR TRAVEL FREELY.
NOT ONLY IS THIS RIGHT NOT GRANTED AUTOMATICALLY, BUT
ATTEMPTS TO LEAVE ARE MET WITH DILATORY AND BURDENSOME PROCEDURES
WHICH NEGATE ANY SUCH RIGHT. IN MANY INSTANCES, INDIVIDUALS RECEIVE
CRIMINAL PENALTIES IF THEY SEEK TO LEAVE. FAMILIES AND CLOSE
RELATIVES ARE HEARTLESSLY KEPT FROM REUNITING ACROSS FRONTIERS.
MANY EXAMPLES OF DENIAL OF THE RIGHT TO LEAVE A COUNTRY HAVE
BEEN CITED IN THE REPORT UNDER CONSIDERATION. DISTINGUISHED REP-
RESENTATIVES TO THIS COMMISSION ARE AWARE OF OTHER INSTANCES
WHETHER THEY RELATE TO ACTIONS BY THEIR OWN OR BY OTHER GOVERNMENTS.
FUNDAMENTAL TO THE ACHIVEMENT OF GREATER UNDERSTANDING IS THE
ELIMINATION OF ARTIFICIAL BARRIERS TO MOVEMENT WHICH CONSTITUTE
A SOURCE OF TENSION AND DISTRUST. THE REMOVAL OF SUCH BARRIERS
CAN CONTRIBUTE IMMEASURABLY TO BUILDING CONFIDENCE AMONG NATIONS
AND STRENGTHENING THE CONDITIONS FOR LASTING PEACE.
WE TRUST THAT THIS COMMISSION WILL GIVE THE THOROUGH TREATMENT
TO THE REPORT OF JUDGE INGLES WHICH IT SO RICHLY DESERVES AND THAT
WE WILL BE IN A POSITION TO MAKE SPECIFIC RECOMMENDATIONS FOR
FURTHER WORK ON THIS SUBJECT. WE BELIEVE THAT, AT A MINIMUM, THE
REPORT SHOULD BE UP- DATED AND THE DRAFT PRINCIPLES REVIEWED AND
POSSIBLY REVISED. WE RESERVE OUR RIGHT TO COMMENT FURTHER ON
ADDITIONAL STEPS WHICH THE COMMISSION MIGHT TAKE TO ADVANCE OUR
WORK ON THIS SUBJECT. END TEXT. RIMESTAD
LIMITED OFFICIAL USE
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